Judge grants temporary injunction, BorderFest to remain in Hidalgo, for now

Parades are just part of the activities at Hidalgo's Borderfest. Courtesy Photo

Parades are just part of the activities at Hidalgo's Borderfest....

EDINBURG — A showdown between rival border festivals has been averted for now, after a state district judge this week granted the City of Hidalgo sole right to the name “BorderFest” this year.

State District Judge Aida Salinas Flores ruled Thursday that BorderFest will remain in Hidalgo, derailing an attempt by the BorderFest Association to move the popular festival, about to celebrate its 40th year, to McAllen, about 8 miles away.

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Salinas described BorderFest in her four-page order as an “invaluable asset” to the City of Hidalgo and its residents, who would suffer imminent harm should a BorderFest event take place in a neighboring community.

“The City of Hidalgo is the only entity that, at least for this year, can use the name BorderFest,” said attorney Gilberto Hinojosa, who is representing the City of Hidalgo. Hinojosa is also chair of the Texas Democratic Party. “They can have a festival in McAllen if the want, but they cannot call it BorderFest.”

But McAllen officials said Friday the city would not put on a festival this year, calling it a moot point in light of Salinas’ decision. The BorderFest Association has also canceled its festival plans for 2016, according to association attorney Joe Garcia.

“We’ll accept the court’s order, we disagree with it, we’ll object to it and we’ll appeal it,” Garcia said.

The BorderFest Association, whose members are comprised largely of Hidalgo Chamber of Commerce members, announced plans last month to move the three-day festival from Hidalgo to McAllen after it had been celebrated in Hidalgo for 39 years.

A legal battle between the City of Hidalgo and the association followed in state court over ownership of the festival and use of the BorderFest name to promote separate festivals.

The issue was even briefly in federal court, but U.S. District Judge Micaela Alvarez ruled a week ago that the Anti-Injunction Act prohibited her from issuing a possible injunction in the legal fight over the BorderFest name after Salinas Flores had issued a temporary restraining order in mid-January.

Hidalgo has been touting its BorderFest on March 4-6 at State Farm Arena, even as McAllen was promoting the 40th anniversary of BorderFest on March 3-6 at the McAllen Convention Center.

The BorderFest celebration draws some 90,000 visitors annually to Hidalgo, a town of about 13,000, and generates around $3 million, according to the association.

Attorneys for Hidalgo have argued that Joe Vera III, president of the BorderFest Association and former city manger of Hidalgo, had no authority to appropriate a festival they claim belongs to the city.

Meanwhile, the BorderFest Association, which has received financial support from Hidalgo for decades, maintains it is a legally registered entity and the rightful owner of the BorderFest name.

The parties will return to court in September for a trial that could decide the future home of BorderFest.